50-653a. Odometer fraud; attorney general investigations of violations; subpoena power.
50-653a
50-653a. Odometer fraud; attorney general investigations of violations;subpoena power.(a) If, by the attorney general's own inquiries or as a resultof complaints,the attorney general has reason to believe that a person has engaged in,is engaging in or is about to engage in an act or practice that violatesthis act, the attorney general, or any deputy attorney general orassistant attorney general, may administer oaths and affirmations,subpoena witnesses or matter and collect evidence.
(b) If matter that the attorney general subpoenas is located outsidethis state, the person subpoenaed may either make it available to theattorney general at a convenient location within the state or pay thereasonable and necessary expenses for the attorney general or the attorneygeneral'srepresentative to examine the matter at the place where it is located. Theattorney general may designate representatives, including officials of thestate in which the matter is located, to inspect the matter on the attorneygeneral'sbehalf, and the attorney general may respond to similar requests fromofficials of other states.
(c) Service by the attorney general of any notice requiring a person tofile a statement or report, or of a subpoena upon any person, shall be madepersonally within this state, but if such cannot be obtained, substitutedservice therefor may be made in the following manner:
(1) Personal service thereof without this state; or
(2) the mailing thereof by certified mail to the last known place ofbusiness, residence or abode within or without this state of such personfor whom the same is intended; or
(3) in the manner provided in the code of civil procedure as if apetition had been filed; or
(4) such service as the district court may direct in lieu of personalservice within this state.
(d) The attorney general may request that an individual who refuses tocomply with a subpoena, on the ground that testimony or matter mayincriminate the individual, be ordered by the court to provide the testimony ormatter. Except in a prosecution for perjury, an individual who complieswith a court order to provide testimony or matter after asserting a privilegeagainst self-incrimination to which the individual is entitled by law, may notbe subjected to a criminal proceeding or to a civil penalty to the transactionconcerning which the individual is required to testify or produce relevantmatter. This subsection does not apply to civil sanctions imposed underK.S.A. 50-651, and amendments thereto.
(e) If any person willfully fails or refuses to file any statement orreport required by this act, or obey any subpoena issued by the attorneygeneral, the attorney general may, after notice, apply to the districtcourt and, after a hearing thereon, the district court may issue an order:
(1) Granting injunctive relief restraining the sale or advertisement ofany merchandise by such persons; or
(2) vacating, annulling or suspending the corporate charter of acorporation created by or under the laws of this state or revoking orsuspending the certificate of authority to do business in this state of aforeign corporation or revoking or suspending any other licenses, permitsor certificates issued pursuant to law to such person which are used tofurther the allegedly unlawful practice; or
(3) granting such other relief as may be required, until the personfiles the statement or report, or obeys the subpoena.
(f) The county attorney or district attorney may investigate, institute andcommence actions under this act pursuant to the odometer fraud statutes inK.S.A. 50-647 through 50-653, and amendments thereto, in the samemanner as provided for the attorney general. It shall be the duty of the countyattorney or district attorney to lend to the attorney general such assistanceas the attorney general may request in the investigation, commencement andprosecution of actions in the district court of the county or districtattorney's county pursuant to this act, or the county attorney or districtattorney may institute and prosecute actions hereunder in the same manner asprovided for the attorney general.
(g) This section shall be part of and supplemental to the odometer fraudstatutes in K.S.A. 50-647 through 50-653, and amendments thereto.
History: L. 1991, ch. 155, § 1; July 1.